CCI introduces Leniency “Plus” regime in India- Will it suffice?

India’s fair market watchdog, Competition Commission of India (“CCI”), after due consultations, has finally notified the “leniency plus” mechanism to further strengthen cartel detecting framework in India. CCI, in exercise of its powers underpowers conferred by sub- section (1) and clauses (ga),(gb) and (gc) of sub-section (2) of section 64, read with section 46 and…

CCI busts cartel of seven suppliers of polyacetal protective tubes for axle to Indian Railways through leniency route

Competition Commission of India (“CCI/Commission”) vide its order dated 09.06.2022, in a Suo Moto case found 7 companies i.e. Polyset Plastics Private Ltd. (OP-1), M/s Anju Techno Industries (OP-2) M/s Power Mould (OP-3), Jai Polypan Private Ltd. (OP-4), M/s Rama Engineering Works (OP-5), M/s Polymer Products of India (OP-6), and M/s Hari Narayan Bihani (OP-7)…

Can CCI enforce its directions against a rogue trade union? Dumper Truck Union in Rajasthan challenges the powers of CCI by openly destroying level playing field among transporters in Rajasthan

A recent order passed by the fair market regulator, the Competition Commission of India (“Commission/CCI”) in the context of peculiar facts of the case has put me to thinking on the absence of an effective mechanism for enforcement of the ‘cease-and-desist” orders against a rogue trade union which refuses to respond to its notices!! By…

CARTEL OF MARITIME MOTOR VEHICLES TRANSPORT SHIPPING LINES BUSTED IN INDIA

CCI vide its order dated 20.01.2022 found Nippon Yusen Kabushiki Kaisha (‘NYK Line’/‘OP-1’), Kawasaki Kisen Kaisha Ltd. (‘KLine’/‘OP-2’), Mitsui O.S.K. Lines Ltd. (‘MOL’/‘OP-3’) and Nissan Motor Car Carrier Company (‘NMCC’/‘OP-4’), guilty of cartelization in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (‘OEMs’) for various  overseas trade routes. In the…

NON-IMPLEMENTATION OF” AGREEMENT” NOT A DEFENCE FOR CARTELISATION? – CCI HARDENS ITS STANCE – IMPOSES HEFTY PENALTY ON BEER CARTEL – AGAIN IGNORES MARLET CONDITIONS ??

NON-IMPLEMENTATION OF” AGREEMENT” NOT A DEFENCE FOR CARTELISATION?  – CCI HARDENS ITS STANCE – IMPOSES HEFTY PENALTY ON BEER CARTEL – AGAIN IGNORES MARLET CONDITIONS?? Does exchange of price sensitive information between competitors, “forced” upon them by unique market conditions, which does not lead to fixation of sale price of a fast selling product ,…

CCI closes another case of suspected case of “cover bidding” in public procurement in absence of evidence of active collusion

In a recent order dated 20.04.2021, the Competition Commission of India (“CCI”) has dismissed allegations of bid rigging against Genus Breeding India Private Limited (“Genus Breeding”) in the tender process for establishing a facility for producing and supplying sexed semen of indigenous, crossbred cattle and buffalo breeds in Uttar Pradesh. The Information was filed by…

CCI again refrains from imposing penalty in a bid rigging cartel for supply of composite brake blocks to Indian Railways due to COVID 19

CCI again refrains from imposing penalty in a bid rigging cartel for supply of composite brake blocks to Indian Railways due to COVID 19     By way of order dated 10 July 2020, the Competition Commission of India (“CCI/Commission”) found 10 suppliers of different types of Composite Brake Blocks (CBBs) to Indian Railways having…